Attorneys Behaving Badly
Should you object to opposing counsel’s improper statements during closing argument? This is a strategic decision based on multiple factors. But remember one important consideration: preserving the misconduct issue for appeal. The Court of Appeal will not consider a claim of closing argument misconduct unless
Relax, It’s Preserved
August is supposed to bring some vacation time. So for a change, how about a list of trial errors that you can argue on appeal with no objection in the record? Yes, all of the following errors (and more, but don’t get complacent!) are preserved
Count Every Vote
The moment the clerk announces the jury’s verdict can provide a rush of elation or profound disappointment. Remind yourself in advance that, amidst the emotion, there is one thing that must be handled immediately if your client loses: polling the jury. Polling the jury has
Briefs In The Wild
It’s always been true that appeals can make common law, so that litigants must vet their arguments with that prospect in mind. But in the era of Big Data, consider also that appeals leave an electronic “trail”—with briefs routinely uploaded to Westlaw, often posted on
Last Chance
Lawyers who’ve just lost a jury trial often ask whether they need to file a new trial motion before appealing. The answer is case-specific, but there are a few arguments that should almost always be raised via a new trial motion if the record supports
Finish Strong
Every appellate opinion must have a “disposition,” in which the court formally resolves the appeal. Sometimes the disposition is a final judgment for one side, whether affirming or reversing the judgment below. But many times, the court directs further proceedings on remand to the trial
Prove it!
When the trial court excludes evidence important to your case, making an offer of proof is critical to preserving the issue for appellate review. Otherwise, the appellate court will not know what was excluded, much less why its exclusion was prejudicial—a fundamental requirement for reversal.
Think Like The Reader
Appellate justices and staff attorneys who don’t know your case will have to decide it. Make it easier for them: step outside your box and consider the case from their perspective. You know your facts and issues. The case interests you, and since you’re prosecuting
I Object!
A party that fails to preserve its evidentiary objections in the trial court forfeits any appellate challenge to the admission of the evidence. Here are some guidelines for avoiding a forfeiture: If the trial court definitively denies a pre-trial motion in limine to exclude evidence,
No Harm, No Foul
Showing trial court error is critical in any appeal, but it’s usually not enough. Only a few types of errors trigger an automatic reversal. For all other types of errors, the appellant must also show prejudice—that is, a reasonable probability that the error affected the
Who We Serve
Whether on appeal, assisting trial counsel, or advising government officials contemplating legislative action, GMSR provides unique insight into the complex laws that impact public entities.
Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.
GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.
The firm’s lawyers are team players, collaborating with trial counsel at any level from legal strategy to writing or editing trial court motions and appellate briefs.
GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.
As part of GMSR’s long-standing commitment to social justice and equality, GMSR provides pro bono appellate services to individuals and to community organizations on issues of concern.
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